Common use of EXCLUSIONS AND EXCEPTIONS Clause in Contracts

EXCLUSIONS AND EXCEPTIONS. Confidential Information does not include information that the Receiving Party can demonstrate by written or other documentary records: (i) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information’s being disclosed or made available to the Receiving Party in connection with this Agreement; (ii) was or becomes generally known by the public other than by the Receiving Party’s or any of its Representatives’ noncompliance with this Agreement; (iii) was or is received by the Receiving Party on a non-confidential basis from a third party that was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality; or (iv) the Receiving Party can demonstrate by written or other documentary records was or is independently developed by the Receiving Party without reference to or use of any Confidential Information.

Appears in 2 contracts

Samples: License, Software and Support Agreement, License, Software and Support Agreement

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EXCLUSIONS AND EXCEPTIONS. Confidential Information does not include information that the Receiving Party can demonstrate by written or other documentary records: (ia) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information’s 's being disclosed or made available to the Receiving Party in connection with this Agreement; (iib) was or becomes generally known by the public other than by the Receiving Party’s 's or any of its Representatives' noncompliance with this Agreement; (iiic) was or is received by the Receiving Party on a non-confidential basis from a third party that that, to the Receiving Party's knowledge, was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality; or (ivd) the Receiving Party can demonstrate by written or other documentary records was or is independently developed by the Receiving Party without reference to or use of any Confidential Information.

Appears in 1 contract

Samples: General Terms and Conditions

EXCLUSIONS AND EXCEPTIONS. Confidential Information does not include information that the Receiving Party can demonstrate by written or other documentary records: (i) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information’s information being disclosed or made available to the Receiving Party in connection with this Agreement; (ii) was or becomes generally known by the public other than by the Receiving Party’s or any of its Representatives’ noncompliance with this Agreement; (iii) was or is received by the Receiving Party on a non-confidential basis from a third party that was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality; or (iv) the Receiving Party can demonstrate by written or other documentary records was or is independently developed by the Receiving Party without reference to or use of any Confidential Information.

Appears in 1 contract

Samples: End User License, Software and Support Agreement

EXCLUSIONS AND EXCEPTIONS. Confidential Information does not include information that the Receiving Party can demonstrate by written or other documentary records: (ia) was rightfully known to the Receiving Party without restriction on use or disclosure prior to before such information’s being disclosed or made available to the Receiving Party in connection with this Agreement; (iib) was or becomes generally known by the public other than by the Receiving Party’s or any of its Representatives’ noncompliance non-compliance with this Agreement; (iiic) was or is received by the Receiving Party on a non-confidential basis from a third party that that, to the Receiving Party’s knowledge, was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality; or (ivd) the Receiving Party can demonstrate by written or other documentary records was or is independently developed by the Receiving Party without reference to or use of any Confidential Information.

Appears in 1 contract

Samples: Sublicence and Saas Subscription Agreement

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EXCLUSIONS AND EXCEPTIONS. Confidential Information does not include information that the Receiving Party can demonstrate by written or other documentary records: (i) was records:(a)was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information’s being disclosed or made available to the Receiving Party in connection with this Agreement; (ii) was b)was or becomes generally known by the public other than by the Receiving Party’s or any of its Representatives’ noncompliance with this Agreement; (iiic) was or is received by the Receiving Party on a non-confidential basis from a third party that that, to the Receiving Party’s knowledge, was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality; or (ivd) the Receiving Party can demonstrate by written or other documentary records was or is independently developed by the Receiving Party without reference to or use of any Confidential Information.

Appears in 1 contract

Samples: Content License Agreement

EXCLUSIONS AND EXCEPTIONS. Confidential Information does not include information that the Receiving Party can demonstrate by written or other documentary records: (ia) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information’s being disclosed or made available to the Receiving Party in connection with this Agreementthe Agreement (including these Terms); (iib) was or becomes generally known by the public other than by the Receiving Party’s or any of its Representatives’ noncompliance with this Agreementthe Agreement (including these Terms); (iiic) was or is received by the Receiving Party on a non-confidential basis from a third party that was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality; or (ivd) the Receiving Party can demonstrate by written or other documentary records was or is independently developed by the Receiving Party without reference to or use of any Confidential Information.

Appears in 1 contract

Samples: Services and Software License Agreement

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